Maryland Courts

Each state has a system of trial and appellate courts with specific power to hear specific types of cases. In Maryland they break down as follows:

Maryland CourtsMaryland District Courts - The District Courts hear small claims up to $25,000. Claims under $5,000 are considered small claims. Small claims also use the Maryland rules of evidence but the rules are relaxed and the trial judges have discretion as to what evidence they let in. Small claims also do not have discovery which means that you will not have the ability to ask or answer questions about your case in writing prior to the trial. Discovery is limited to use of interrogatories and limited to 15. This is meant to help out the people who represent themselves (also known as "pro se"). In addition, all such cases are heard before District Court judges as there are no jury trials in the District Court. Cases that are filed for more than $10,000 can be bumped up to Circuit Court if a jury trial is requested. Caseloads in the various jurisdictions varies greatly.... for example, the district court in Annapolis may have three dockets in the morning and finish by 12 noon where the district court in Baltimore City or Baltimore County may go right up until the lunch break and then carry cases over to the afternoon docket. If you don't like a decision in the District Court, you can appeal. The appeal will be heard on the record for cases above $5,000 or de novo (Latin for "anew," which means starting over, as in a trial de novo. For example, a decision in a small claims case may be appealed to a local trial court, which may try the case again, de novo.) for cases below $5,000. For help you with a Maryland district court case, select here.

Maryland Circuit Courts - Like the District Courts, each county in Maryland contains a trial court of greater power known as the Circuit Court. Jurisdiction starts at $10,000 and goes up indefinitely. Unlike the District Courts, there are jury trials in Circuit Court as well as more discovery. Discovery in Circuit Court can be extensive and time consuming with twice the number of interrogatories as well as depositions, request for production of documents, and request for admissons of fact. Cases in Circuit Court are also typically more likely to be swayed by the human element since there are jury trials. This is why Maryland accident lawyers typically try to maximize their client's benefit by choosing a jurisdiction (if the facts of the case allow it) where juries are more plaintiff friendly. Baltimore City and Prince George's County are the two most plaintiff friendly counties. Anne Arundel County on the other hand is not considered a plaintiff friendly county. Circuit Courts also serve as the appeals court for District Court cases.

Maryland Court of Special Appeals - The Court of Special Appeals is Maryland’s intermediate appellate court. The Court of Special Appeals was created in 1966 in response to the rapidly-growing caseload in the Court of Appeals. The Court of Special Appeals originally could hear only criminal cases. However, its jurisdiction has expanded so that it now considers any reviewable judgment, decree, order, or other action of the circuit and orphans’ courts, unless otherwise provided by law. Judges sitting on the Court of Special Appeals generally hear and decide cases in panels of three. In some instances, however, all 13 judges may listen to a case, known as an ‘en banc’ hearing. (Source: Maryland Judiciary's site)

Maryland Court of Appeals - The Maryland Court of Appeals is the highest court in the State (commonly called the Supreme Court in other states and at the federal level). The Court of Appeals hears cases almost exclusively by way of certiorari, a process which gives the court discretion to decide which cases to hear. However, the Court of Appeals is mandated by law to hear cases involving the death penalty, legislative redistricting, removal of certain officers, and certifications of questions of law. The Chief Judge of the Court of Appeals, Robert M. Bell, sits on the Court along with six other judges. All seven judges hear oral arguments on each case unless a judge removes him/herself from a case; in this event, a judge from another court, or a retired appellate judge, may be specially assigned to sit in the place of the recused judge. (Source: Maryland Judiciary's site)

See also, Frequently Asked Questions

See also, Information about Auto Accidents

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